And I'll be honest: Part of the reason I can see Dens's point is due to the fact that after the third person rammed my leg with their cart trying to get ahead of me when I wasn't even TRYING to get in any of the lines at Wal-Mart, I was ready to go "HULK SMAAAAAAASH" on the next person who pissed me off.

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How.... Bloodsage.... uughhhhhh:
That doesn't matter--if Mog Samthor says it's illegal dumping, then it is, by golly!

Hell, he'd probably argue with Gydyon about it.

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I am an antitrust lawyer, after all.....I therefore know NOTHING about price dumping and why Wal-Mart does or doesn't do it....

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Somthor had this to say about (_|_):
its actualy illegal to sell things below your cost if its in a effort to attempt to drive your competitors out of the market with the intention of when such copetition is gone you will then raise the price. in addtition it seems that even if in a normal market your normal policies can be considered monopistic and thus illegal even if otherwise they would not be (seee the sherman act section 2)

refrencing your example of clearing out out of season items thats not illegal becuse everyone does somthing simular and its not in of its self a effort to cause market disruption

regardles of how you feel ...its my opion that walmart is cupable in this case... i never said they shouldered the entire blame or even a signifcant portion thereof.

thanks for the response though it was a well thought out counter point except for the corner thing.

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You are actually referring to predatory pricing, which is a Sherman Act 2 offense (and by some considered to be a myth http://www.cato.org/pubs/pas/pa-169.html ). Wal-Mart has been sued for it in the past, and a brief Internet search did not locate for me a case in which Wal-Mart has ever lost a predatory pricing charge (and maybe won't be found, as a 2002 study that I found today suggests that they've never been found liable http://www.regent.edu/acad/schgov/researchmemos/bill458.html .

This makes sense, because in order to lose a predatory pricing charge, the plaintiff must prove that you lowered your prices below your costs (and if you think thirty bucks is below cost for a DVD player I have a bridge for sale in Brooklyn), for a period of time, with the express purpose or result of driving your regional competitors out of business. That is a nearly impossible standard to meet, and it certainly can't be met by a DVD sale or other periodic price reductions.

Dumping, while occasionally used to refer to predatory pricing, usally more generally refers to import/export practice, such as what China does to the U.S. on a regular basis. So I would suggest you modify your terminology.

In any case, I am interrupting some good baseless rambling. Please continue.

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We were all impressed when Gydfather wrote:
I am an antitrust lawyer, after all.....I therefore know NOTHING about price dumping and why Wal-Mart does or doesn't do it....

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And you can do anything at zombo.com. Anything at all!

[ 12-01-2003: Message edited by: Neo-Blindy ]

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Verily, Tarquinn doth proclaim:
And you can do anything at zombo.com. Anything at all!

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The only limitation...is yourself!

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Nobody really understood why Somthor wrote:
yes but tis not tap water it has added mineral content for taste and its a reverse osmosis process so its hopefuly pure.

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They should have taken every reasonable precaution to ensure the welfare of the shoppers on their premises, and not doing so is negligent. It's providing an unsafe environment.

If you have a deep pit with sharp spikes on the bottom, merely putting up a sing saying "DANGER, SPIKE TRAP" won't save your ass from a lawsuit if someone falls in. Yes, it's a poor analogy, but I'm on drugs right now for a really badly infected throat.

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Burger had this to say about Pirotess:
If you have a deep pit with sharp spikes on the bottom, merely putting up a sing saying "DANGER, SPIKE TRAP" won't save your ass from a lawsuit if someone falls in. Yes, it's a poor analogy, but I'm on drugs right now for a really badly infected throat.

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Get off the drugs and come back when you have coherence. Wal-Mart has no duty to have "adequate security personnel." It's a department store, not a demolition derby or rodeo, or a spike trap that is inherently dangerous and thus subject to a higher standard (and I'm not even sure abou the derby or the rodeo). Accidents happen, but if we hold Wal-Mart up to some riduculously high negligence standard because of an unfortunate incident, the only result will be increased costs for the consumers. Nobody will miraculously have their injuries from this incident go away...

How about we blame the idiots in the mob? Since it was them who trampled her and all, and not Wal-Mart. It''s not like the CEO came down and stepped on her head.

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Gydfather had this to say about John Romero:
It''s not like the CEO came down and stepped on her head.

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He did, however, fart on her head after the mob dispersed.

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JooJooFlop attempted to be funny by writing:
He did, however, fart on her head after the mob dispersed.

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Well, that changes everything. Was it an SBD or a loud one?

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There was much rejoicing when Neo-Blindy said this:
It was a wet popper.

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SUE HIM UNTIL HIS EYES BLEEEEEEEED

code:

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cul·pa·ble    ( P )  Pronunciation Key  (klp-bl)
adj. 
Deserving of blame or censure as being wrong,
 evil, improper, or injurious. 
See Synonyms at blameworthy. 

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I will refute your claims, one by one!

A) it happened in their store

This, while meaning thier insurance is involved, does not impart sue-ability. If the PLACE in question (not the other people.) was dangerous, yes, they would be at fault. I.E. she fell on a loose floor tile, slippery floor, the automatic doors shut on her... then it would involve the place. Just because it happened on the property of Wal-Mart Inc. does not make it Wal-mart's fault (i.e. if the mailman's walking on your front porch, and the neighbor's dog attacks him, it's not your fault, even though he's on your property.)

B) they created the atmospher that led to the incident with the 6 am siren and lack of additional personel on hand to deal with any problems

You have absolutly no idea weather or not they had additional personell. You also did not see the situation - while a siren could be quite bad, it also could be not very bad at all; it all depends on how loud it was, and in what manner it was used. You were not there - you assume, which is never a good thing to do.

C) they were dumping the DvD players on the market below cost.

While everyone in this thread has been over this, they weren't dumping, or flooding markets. Whether you live in the middle of nowhere with no Circuit Cities, Best Buys, or whatever is not the issue. They weren't trying to drive whatever companies you have out of business. What they were TRYING to do, though a LOT of other companies had either similar prices or better prices, is to draw in business.

Low prices one day of the year isn't dumping - it's capitalisim. Supply and Demand. Store A and Store B are right next to each other. Both Stores buy bananas for 2 cents a lb. and store A sells bananas for 20 cents a lb. Store B sells bananas for 25 cents/lb. You'll buy bananas at Store A, right? Store A is cutting thier own price margin to get your business. This is capitalism at it's best.

For the cheapie DVD players, they are probably less then 10 bucks a unit - but even if it IS a loss, you are allowed to sell at a loss. Every gamecube they sold at 80 dollars is a 6 buck loss - but companies figure that the software sold will make up for the 6 dollar loss.

Give me some solid proof about ANYTHING. So far, it's just your own preconcived notions, and uninformed opinion.

[ 12-01-2003: Message edited by: Gikk ]

How many points does it have?

Oh, and how's the wife, Gyd? ^_^

*sitcks it on her nose*

[ 12-01-2003: Message edited by: Gikk ]

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Gikk impressed everyone with:
Ooooo. I got a starrrr.

How many points does it have?

Oh, and how's the wife, Gyd? ^_^

*sitcks it on her nose*

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She's doing great.

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Gydfather thought about the meaning of life:
Get off the drugs and come back when you have coherence. Wal-Mart has no duty to have "adequate security personnel." It's a department store, not a demolition derby or rodeo, or a spike trap that is inherently dangerous and thus subject to a higher standard (and I'm not even sure abou the derby or the rodeo). Accidents happen, but if we hold Wal-Mart up to some riduculously high negligence standard because of an unfortunate incident, the only result will be increased costs for the consumers. Nobody will miraculously have their injuries from this incident go away...

How about we blame the idiots in the mob? Since it was them who trampled her and all, and not Wal-Mart. It''s not like the CEO came down and stepped on her head.

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while his spike trap analogy mgiht ahev bean horible, the whoel concerts hreign security thing was the closest thing in this entire thread to a reasonabl e argument agaisnt walmart

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Mog got all f'ed up on Angel Dust and wrote:
while his spike trap analogy mgiht ahev bean horible, the whoel concerts hreign security thing was the closest thing in this entire thread to a reasonabl e argument agaisnt walmart

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Can we please have the mog back that was trying to spell correctly? I miss him

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We were all impressed when Falaanla Marr wrote:
Can we please have the mog back that was trying to spell correctly? I miss him

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I agree, I want to read your posts man, but I get 6 words in and then just skip it

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Mog had this to say about Pirotess:
while his spike trap analogy mgiht ahev bean horible, the whoel concerts hreign security thing was the closest thing in this entire thread to a reasonabl e argument agaisnt walmart

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Again, a concert is a whole different world. And how many lawsuits have people won against concerts that didn't have security? Is the security for liability protection or at the demand of the performers?

Sage handles things, then it's like he tags Gyd and Gyd comes in to finish the guy off.

I love this thread.

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And I was all like 'Oh yeah?' and Mog was all like:
while his spike trap analogy mgiht ahev bean horible, the whoel concerts hreign security thing was the closest thing in this entire thread to a reasonabl e argument agaisnt walmart

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YOU DO BLAME THE WHO, YOU GODLESS COMMUNIST!

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Somthor had this to say about Optimus Prime:
its a reverse osmosis process

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This made me laugh harder than anything else in the thread.

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How.... Gydfather.... uughhhhhh:

Dumping, while occasionally used to refer to predatory pricing, usally more generally refers to import/export practice, such as what China does to the U.S. on a regular basis. So I would suggest you modify your terminology.

In any case, I am interrupting some good baseless rambling. Please continue.

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so noted.. i am after all just a amatuer i bow to your expertise

best example i can come up with is where wal mart got sued for selling canned cat food for .05 a can when it cost at the time .20 cent a can (most the cost is shipping) in a effort to force pet supermarket to close its doors... after a month of this they got threatened with a law suit and it stopped.

Wal Mart is pretty good at pushing up to the point of a case they might lose

best reference I have found was by a lawyer who was protesting Wal Marts foray into banking. It cites several sources such as CBS the new york times 60 minutes etc etc basincly stateing that Wal mart is a preditory Company. (happy to post it as a follow up if any one wants to see it)

but back to the original intent of the post..I smell a lawsuit

in your proffesional opinion, do you think there is no basis for a Lawsuit by the victim against Wal-mart Frivolous or otherwise?

[ 12-01-2003: Message edited by: Somthor ]

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Everyone wondered WTF when Ja'Deth Issar Ka'bael wrote:
Oh shazbot...

Sage handles things, then it's like he tags Gyd and Gyd comes in to finish the guy off.

I love this thread.

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beautiful sight isnt it?

popcorn? *hands a bag of popcorn over*

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Gikk had this to say about Robocop:

code:

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cul·pa·ble    ( P )  Pronunciation Key  (klp-bl)
adj. 
Deserving of blame or censure as being wrong,
 evil, improper, or injurious. 
See Synonyms at blameworthy. 

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I will refute your claims, one by one!

A) it happened in their store

B) they created the atmosphere that led to the incident with the 6 am siren and lack of additional personel on hand to deal with any problems

You have absolutly no idea weather or not they had additional personell. You also did not see the situation - while a siren could be quite bad, it also could be not very bad at all; it all depends on how loud it was, and in what manner it was used. You were not there - you assume, which is never a good thing to do.

C) they were dumping the DvD players on the market below cost.

Give me some solid proof about ANYTHING. So far, it's just your own preconcived notions, and uninformed opinion.

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I will stand by A B and concede that C is a false argument on my part.

C however the in the sense that people were in a rush to get what they felt to be a fantastic bargin in limited supply added to the problem IMO.

I cant give you any solid proof on anything really because the details are not forthcomming. IF you want to call the whole thread False becuse its based on my interpetation of the orginal newspaper story then I can live with that.

_______________

All is one with the universe

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SomthorSomthorSomthorSomthorSomthorSomthor MUSHROOM MUSHROOM
in your proffesional opinion, do you think there is no basis for a Lawsuit by the victim against Wal-mart Frivolous or otherwise?

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I imagine if you want his professional opinion you're going to have to pay to put him on retainer.

Tag Team perfection!

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Snoota was listening to Cher while typing:
Tag Team perfection!

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Like Batman and Robin! Like Thing 1 and Thing 2! Like Christianity and Buddhism!

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We were all impressed when Drysart wrote:
I imagine if you want his professional opinion you're going to have to pay to put him on retainer.

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why would that be so? he gives his opinion's here constantly for free.

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Somthor had this to say about Captain Planet:
why would that be so? he gives his opinion's here constantly for free.

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You must pay the ignorance tax.

[ 12-02-2003: Message edited by: Mr. Parcelan ]

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Somthor said this about your mom:
why would that be so? he gives his opinion's here constantly for free.

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there's a difference between the opinion of a professional and someone's professional opinion.